S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5390
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   including efforts to combat the biodiversity and climate crises in the
   state's land acquisition policy

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 49-0207 of the environmental conservation  law,  as
 added by chapter 146 of the laws of 1990, is amended to read as follows:
 § 49-0207. State land acquisition plan.
   1.  The  department and the office shall prepare a state land acquisi-
 tion plan to guide selection of projects for  state  acquisition  taking
 into account regional advisory committee priorities and the department's
 and  office's  assessment  of  need for land acquisition projects.  SUCH
 PLAN SHALL ALSO TAKE INTO ACCOUNT THE GOAL OF THE STATE TO  CONSERVE  AT
 LEAST  THIRTY  PERCENT OF NEW YORK STATE'S LAND BY THE YEAR TWO THOUSAND
 THIRTY, IN AN EFFORT TO SUPPORT THE GLOBAL COMBAT  OF  THE  BIODIVERSITY
 AND CLIMATE CRISES. Such plan shall include an identification of:
   a.  lands,  by region and category, for which acquisition is of a high
 priority in order to carry out the purposes of this title;
   b. lands, by  region,  having  statewide  or  regional  environmental,
 historic, cultural or recreational significance that are threatened with
 diminishment of resource value;
   c.  the department's and office's priorities of categories of land, by
 region, for future acquisition; [and]
   d. lands, by  region,  having  statewide  or  regional  environmental,
 historic,  cultural or recreational significance which should be consid-
 ered for state acquisition, but which do  not  qualify  for  acquisition
 under present law; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07554-02-1

              

 A. 5390                             2
 
   E.  STRATEGIES  TO  ACHIEVE THE GOAL OF THE STATE TO CONSERVE AT LEAST
 THIRTY PERCENT OF NEW YORK STATE'S LAND BY THE YEAR TWO THOUSAND THIRTY,
 INCLUDING, BUT NOT LIMITED TO:
   (I)  SAFEGUARDS  FOR  THE STATE'S ECONOMIC AND SUSTAINABILITY AND FOOD
 SECURITY;
   (II) PROTECTIONS AND RESTORATION PROJECTS FOR BIODIVERSITY;
   (III) ENABLING ENDURING CONSERVATION MEASURES  ON  A  BROAD  RANGE  OF
 LANDSCAPES,  INCLUDING  NATURAL  AREAS AND WORKING LANDS, IN PARTNERSHIP
 WITH LAND MANAGERS AND NATURAL RESOURCE USER GROUPS;
   (IV) BUILDING CLIMATE RESILIENCE, REDUCING RISK FROM  EXTREME  CLIMATE
 EVENTS, AND CONTRIBUTING TO THE STATE'S EFFORT TO COMBAT CLIMATE CHANGE;
 AND
   (V) EXPANDING EQUITABLE OUTDOOR ACCESS AND RECREATION FOR ALL NEW YORK
 RESIDENTS.
   2.  Such  plan  shall  include consideration of the inventory prepared
 pursuant to section 49-0205 of this title and shall identify those areas
 within the state which are not adequately protected in such categories.
   3. In preparing such plan, the department and office shall:
   a. conduct one or more public hearings in  each  of  the  department's
 administrative regions.
   b. consult with:
   (i) the regional advisory committees;
   (ii)  officials of departments and agencies of the state having duties
 and  responsibilities  concerning  the  protection  of  open  space  and
 natural, environmental, historic, cultural or recreational resources;
   (iii) officials and representatives of local governments in the state;
 and
   (iv) persons, organizations and groups interested in the protection of
 open space and natural, environmental, historic, cultural or recreation-
 al resources of the state.
   c.  STRATEGICALLY PRIORITIZE INVESTMENTS IN COOPERATIVE, HIGH-PRIORITY
 ACTIONS THAT PROMOTE BIODIVERSITY PROTECTION, HABITAT RESTORATION, WILD-
 FIRE-RESILIENCY, SUSTAINABLY MANAGED LANDSCAPES, AND OTHER  CONSERVATION
 OUTCOMES.
   D.  IMPLEMENT  ACTIONS TO INCREASE THE PACE AND SCALE OF ENVIRONMENTAL
 RESTORATION AND LAND MANAGEMENT  EFFORTS  BY  STREAMLINING  THE  STATE'S
 PROCESSES TO APPROVE AND FACILITATE SUCH EFFORTS.
   E. COLLABORATE WITH FEDERAL AND STATE RESEARCH INSTITUTIONS TO UTILIZE
 INNOVATIVE  SCIENTIFIC  OBSERVATION TECHNOLOGY, AND WITH TRIBAL PARTNERS
 TO INCORPORATE TRIBAL EXPERTISE AND TRADITIONAL ECOLOGICAL KNOWLEDGE  TO
 BETTER UNDERSTAND THE STATE'S BIODIVERSITY AND THREATS TO SUCH BIODIVER-
 SITY.
   F. INCLUDE STRATEGIES TO PARTICIPATE IN REGIONAL, NATIONAL, AND INTER-
 NATIONAL  EFFORTS TO ADVANCE BIODIVERSITY PROTECTION AND HELP TO PREVENT
 EXTINCTIONS ACROSS THE PLANET.
   G. request and receive from any department, division,  board,  bureau,
 commission or any other agency of the state or any political subdivision
 thereof  or  any  public  authority  such  assistance and data as may be
 necessary to enable the department and office to carry out its responsi-
 bilities under this section.
   4. THE DEPARTMENT, IN COOPERATION WITH ANY  OTHER  STATE  AGENCIES  IT
 SHALL  DEEM  NECESSARY,  SHALL USE EXISTING AUTHORITIES AND RESOURCES TO
 IDENTIFY AND IMPLEMENT NEAR-TERM AND  LONG-TERM  ACTIONS  TO  ACCELERATE
 NATURAL REMOVAL OF CARBON FROM THE ATMOSPHERE AND TO BUILD CLIMATE RESI-
 LIENCE IN THE STATE'S FORESTS, WETLANDS, URBAN GREENSPACES, AGRICULTURAL

 A. 5390                             3
 
 SOILS,  AND LAND CONSERVATION ACTIVITIES IN WAYS THAT SERVE ALL COMMUNI-
 TIES, INCLUDING LOW-INCOME, DISADVANTAGED, AND VULNERABLE COMMUNITIES.
   5.  The  department  and  office  shall prepare a draft plan and shall
 propose, no later than [January thirty-first] FEBRUARY FIRST,  [nineteen
 hundred  ninety-one] TWO THOUSAND TWENTY-TWO, a schedule of public hear-
 ings thereon.
   [5.] 6. On or before [January thirty-first] FEBRUARY FIRST,  [nineteen
 hundred  ninety-two]  TWO  THOUSAND  TWENTY-THREE  and every three years
 thereafter, the department and office  shall  submit  the  plan  to  the
 governor,  the  majority  leader  of  the  senate and the speaker of the
 assembly. Upon approval by the governor such plan shall become  a  guide
 for the implementation of the acquisition programs of the department and
 office.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5390--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Environmental Conservation -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   including efforts to combat the biodiversity and climate crises in the
   state's land acquisition policy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 49-0207 of the environmental conservation law, as
 added by chapter 146 of the laws of 1990, is amended to read as follows:
 § 49-0207. State land acquisition plan.
   1. IT SHALL BE THE POLICY OF THE STATE TO SUPPORT  AND  CONTRIBUTE  TO
 NATIONAL  EFFORTS  TO  CONSERVE AT LEAST THIRTY PERCENT OF UNITED STATES
 LANDS AND INLAND WATERS AND AT LEAST THIRTY  PERCENT  OF  UNITED  STATES
 OCEAN  AREA  BY  THE  YEAR  TWO  THOUSAND THIRTY. The department and the
 office shall prepare a state land acquisition plan to guide selection of
 projects for state  acquisition  OR  CONSERVATION  taking  into  account
 regional advisory committee priorities and the department's and office's
 assessment  of  need for land acquisition projects. SUCH PLAN SHALL ALSO
 TAKE INTO ACCOUNT THE GOAL OF THE STATE TO FACILITATE  THE  CONSERVATION
 OF  AT  LEAST  THIRTY  PERCENT OF LAND IN NEW YORK STATE BY THE YEAR TWO
 THOUSAND THIRTY, IN AN EFFORT TO  COMBAT  THE  GLOBAL  BIODIVERSITY  AND
 CLIMATE  CRISES  AND  CONTRIBUTE  TO  THE NATIONAL GOAL. Such plan shall
 include an identification of:
   a. lands, by region and  category,  for  which  acquisition  OR  OTHER
 CONSERVATION is of a high priority in order to carry out the purposes of
 this title;
   b.  lands,  by  region,  having  statewide  or regional environmental,
 historic, cultural or recreational significance that are threatened with
 diminishment of resource value;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07554-05-1
              

 A. 5390--A                          2
 
   c. the department's and office's priorities of categories of land,  by
 region, for future acquisition OR OTHER CONSERVATION; [and]
   d.  lands,  by  region,  having  statewide  or regional environmental,
 historic, cultural or recreational significance which should be  consid-
 ered for state acquisition OR OTHER CONSERVATION, but which do not qual-
 ify for acquisition under present law; AND
   E.  STRATEGIES  AND  A METHODOLOGY TO ACHIEVE THE GOAL OF THE STATE TO
 CONSERVE AT LEAST THIRTY PERCENT OF LAND IN NEW YORK STATE BY  THE  YEAR
 TWO THOUSAND THIRTY, INCLUDING, BUT NOT LIMITED TO:
   (I)  SAFEGUARDS  FOR  THE STATE'S ECONOMIC AND SUSTAINABILITY AND FOOD
 SECURITY;
   (II) PROTECTIONS AND RESTORATION PROJECTS FOR BIODIVERSITY;
   (III) ENABLING ENDURING CONSERVATION MEASURES, TO BE  DEFINED  IN  THE
 PLAN,  ON  A  BROAD  RANGE  OF LANDSCAPES, INCLUDING URBAN, SUBURBAN AND
 RURAL NATURAL AREAS, WATERSHEDS, AND  WORKING  LANDS,  URBAN  AND  RURAL
 AGRICULTURAL  LANDS,  AND  RESILIENT AND CONNECTED LANDS, IN PARTNERSHIP
 WITH LAND MANAGERS, FARMERS, AND OTHER STAKEHOLDER GROUPS;
   (IV) BUILDING CLIMATE RESILIENCE, REDUCING RISK FROM  EXTREME  CLIMATE
 EVENTS,  AND  CONTRIBUTING  TO  THE  STATE'S  EFFORT TO MITIGATE CLIMATE
 CHANGE; AND
   (V) EXPANDING ACCESS TO NATURE AND NATURE'S BENEFITS IN COMMUNITIES IN
 EVERY REGION OF THE STATE, AND EXPANDING EQUITABLE  OUTDOOR  ACCESS  AND
 RECREATION.
   2.  Such  plan  shall  include consideration of the inventory prepared
 pursuant to section 49-0205 of this title and shall identify those areas
 within the state which are not adequately protected in such categories.
   3. In preparing such plan, the department and office shall:
   a. conduct one or more public hearings in  each  of  the  department's
 administrative regions.
   b. consult with:
   (i) the regional advisory committees;
   (ii)  officials of departments and agencies of the state having duties
 and  responsibilities  concerning  the  protection  of  open  space  and
 natural, environmental, historic, cultural or recreational resources;
   (iii) officials and representatives of local governments in the state;
 and
   (iv) persons, organizations and groups interested in the protection of
 open space and natural, environmental, historic, cultural or recreation-
 al resources of the state.
   c.  STRATEGICALLY PRIORITIZE INVESTMENTS IN COOPERATIVE, HIGH-PRIORITY
 ACTIONS THAT PROMOTE BIODIVERSITY PROTECTION, HABITAT RESTORATION, WILD-
 FIRE-RESILIENCY, REGENERATIVE  AGRICULTURE,  SUSTAINABLY  MANAGED  LAND-
 SCAPES, WATERSHED PROTECTION AND OTHER CONSERVATION OUTCOMES.
   D.  IMPLEMENT  ACTIONS TO INCREASE THE PACE AND SCALE OF ENVIRONMENTAL
 CONSERVATION, RESTORATION, AND LAND MANAGEMENT EFFORTS  BY  STREAMLINING
 THE  STATE'S PROCESSES TO APPROVE AND FACILITATE SUCH EFFORTS AND REDUC-
 ING THE TIME IT TAKES TO COMPLETE PROJECTS.
   E. COLLABORATE WITH FEDERAL AND STATE RESEARCH INSTITUTIONS TO UTILIZE
 INNOVATIVE SCIENTIFIC OBSERVATION TECHNOLOGY, AND WITH  TRIBAL  PARTNERS
 TO  INCORPORATE TRIBAL EXPERTISE AND TRADITIONAL ECOLOGICAL KNOWLEDGE TO
 BETTER UNDERSTAND THE STATE'S BIODIVERSITY AND THREATS TO SUCH BIODIVER-
 SITY.
   F. INCLUDE STRATEGIES TO PARTICIPATE IN REGIONAL, NATIONAL, AND INTER-
 NATIONAL EFFORTS TO ADVANCE BIODIVERSITY PROTECTION AND HELP TO  PREVENT
 EXTINCTIONS ACROSS THE PLANET.

 A. 5390--A                          3

   G.  request  and receive from any department, division, board, bureau,
 commission or any other agency of the state or any political subdivision
 thereof or any public authority such  assistance  and  data  as  may  be
 necessary to enable the department and office to carry out its responsi-
 bilities under this section.
   4.  THE  DEPARTMENT,  IN  COOPERATION WITH ANY OTHER STATE AGENCIES IT
 SHALL DEEM NECESSARY, SHALL USE EXISTING AUTHORITIES  AND  RESOURCES  TO
 IDENTIFY  AND  IMPLEMENT  NEAR-TERM  AND LONG-TERM ACTIONS TO ACCELERATE
 NATURAL REMOVAL OF CARBON FROM THE ATMOSPHERE AND TO BUILD CLIMATE RESI-
 LIENCE IN THE STATE'S FORESTS, WETLANDS, WATERSHEDS, URBAN  GREENSPACES,
 AGRICULTURAL  SOILS, AND LAND CONSERVATION ACTIVITIES IN WAYS THAT SERVE
 ALL COMMUNITIES, INCLUDING  LOW-INCOME,  DISADVANTAGED,  AND  VULNERABLE
 COMMUNITIES.
   5.  The  department  and  office  shall prepare a draft plan and shall
 propose, no later than [January thirty-first] FEBRUARY FIRST,  [nineteen
 hundred  ninety-one] TWO THOUSAND TWENTY-TWO, a schedule of public hear-
 ings thereon.
   [5.] 6. On or before [January thirty-first] FEBRUARY FIRST,  [nineteen
 hundred  ninety-two]  TWO  THOUSAND  TWENTY-THREE  and every three years
 thereafter, the department and office  shall  submit  the  plan  to  the
 governor,  the  majority  leader  of  the  senate and the speaker of the
 assembly. Upon approval by the governor such plan shall become  a  guide
 for the implementation of the acquisition programs of the department and
 office.
   § 2. This act shall take effect immediately.